Legal Question in Employment Law in New York

Slander?

I was attending a mandatory meeting at my place of employment.

I work for one of the largest and oldest retail chains in the country.

The subject of the meeting was Safety in the Workplace and the reduction of ''shrink'' (mdse theft).

We have these informal meetings on a quarterly basis mandated by corporate.

We had to read material provided by the company and then answer four questions.

One of the questions had to do with what methods the company uses to control shrink.

The answer was basically ''the use of closed circuit cameras and undercover personnel''

The supervisor that was holding the meeting went over this answer and then expounded on

it...

He stated that ''(name of our company) uses closed circuit cameras and undercover personnel, yes

(name of our company) uses snitches, like Bob (he stated my full name).

This statement is completely false. I have NEVER made a report about anyone to any supervisor

in this company.

This statement was made in front of 7 of my co-workers, we have a relatively small work force here

and are required to do much of our work as a team.

Quite honestly, I do not know that I can ever work among my co-workers again with the level of trust that we

had prior to this individuals statement.


Asked on 8/15/06, 4:55 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Slander?

It depends. You didn't tell me whether they actually do use cameras etc. Was this truth or

was he trying to hint to the employees at the way they were expected to answer. While I was reading yoyur question, these thoughts went through my mind. Therefore, it could be reasonably argued he was expostulatingon this topic, using rhetoric.

Plus I don't know the way it was said. But beyond all of that, it was said in the course of employment to co-employees. If they had been your supervisors there would certainly be a qualified "common interest" priviege. However, you say they were co-workers. If it was false,

and you are unable to work there any longer because it ruins your reputation, you might have an arguable slander case, but you will have to prove special damages because it is not an accusation of a crime.

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Answered on 8/15/06, 11:02 pm


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